Land disagreements and their decisions in Ukraine

Land has an important and multi aspects role in a life of people.

Land has a big role in property relations, as an object of usage and property (however in some limited form). Involving the land citizen commodity in a role of real estate leads to increasing of land owners and users what contribute to the growth of the number of land disagreements.

Today’s situation is required to improving the legislative mechanism of solving land disagreements. In this case, addressing to historical material of this question could help the variant of the model of land-judicial law. Probably, that disputes as for the land were many centuries ago. Such disputes were solved with help of duel and land belonged to the strongest.

With creation of country land became the property of some people, in this time there were not state agencies for solving disputes and land disagreements in particular. For small farmers in early feudal times (X-XII centuries) was a feudal court which often broke the law for its own benefit.

In time of Middle Ages Ukraine was occupied by Lithuanian and Polish colonization. Colonization brought Magdeburg (German) right according to which all land questions were solved. Parallel worked specialized mobile land courts – commissar courts (from the word “commissar” – authorized). Rech Pospolitaya was in a position of all the time internal war between big land magnates for possessing the land. It undermined existing structure, that is why in 1578 for solving land arguing was made Corona tribunal of Rech Pospolitaya as a high judicial installation. For it belongs: main farmer, senator, king. Land arguing of small shlahta was solving by marshalkovskiy court (by the wish of parties). Marshalki (leaders of the local shlahta) went to the arguing plot and solve the problem. By Notmarshalkovskiy statute 1454, land disputes of bondmen were solving by their owners. Land questions of free farmers were solving either community or chosen court or village elder with his helpers. In this time on the left coast Ukraine land problems were solving by Cossack court. This court went to the arguing plot and made a report about it.

After law reform K.G. Rasumovskiy 1763 started to work special moving land courts, which was approved by Hetman of Ukraine and consisted of old farmers who know territory good.

In 1775-1780 on the territory of Ukraine were made “Institution of provinces”. Starting to form the system of class courts where quarrels were solving in Upper land courts. In region could be several of such courts. For some classes of free farmers were Upper and Low courts which solved all land problems. According to the royal law in 1841 stare-bondmen got a right to have a land as a private property. Upper punishment was appeal as to Low.

In 1848 were made a decree which allow buying a land in a private property to noble bondmen but only with landowner permission. Land problem in this case were solving by landowner. If noble was at law with other class then a process was in a noble court. Land disagreements where from the one side were state, solved in administrative procedure.

Class courts were made gradually: farmer-land reform 1861 made farmer volost’s courts which among other questions solve land one. Such court consisted of judges who were chosen from rich farmers (4-12) for three years. Decision of court by concrete cases was written in the book of sentences and was made by village elder. Parties could go to arbitration court. Farmer volost’s court was far from administrative government, and with help of this was reached its independence. Often changing of judges provided their incorruptibility.

The main specification of such courts was permission of country to use ordinary right. And it was obligate as in a base of ordinary right were laid principles of aptitude, justice and rationality. Ordinary right is tied to concrete place, created on the bases of this or that traditions of territory. That is why there was not general normalized ordinary right in the country.

Locality of right norms in boarders of one country and today has actual character, especially if it is concerned to the land questions and solving land disagreements. By the way, the USA the law system which considered being one of the best in the world, today has separate local norms, which are proper to local conditions. Land problems between noble and farmer were solving in Region presents, which were liquidated after 1917. In these courts for some time were presented law and administrative functions.